Articles About Maryland Labor and Employment Law.

In a move that could impact many Maryland employers, the Maryland General Assembly has made a major change to the state’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act or its “mini-WARN” law.

As the world slowly returns to some semblance of normalcy, the District of Columbia, Maryland, and Virginia recently announced varying plans as to when they will reopen and what reopening will look like.  Virginia previously unveiled its three-phase reopening plan.  Following Virginia’s lead, Maryland also announced it would follow

There have been several recent and important developments in the on-going COVID-19 pandemic response in the District of Columbia and Maryland that affect employers.

It is safe to say that spring 2020 will not soon be forgotten. While the COVID-19 pandemic dominated the news and the attention of federal and state governments alike, the Maryland General Assembly passed several new laws affecting the workplace. In addition to the emergency measures implemented to address

Maryland recently enacted amendments to its Economic Stabilization Act to require that an employer implementing a “reduction in operations” must provide 60 days’ advance notice to employees and others, and also provide continuation of health, pension, severance and/or other benefits to affected employees on terms yet to be developed

Maryland Governor Larry Hogan has introduced the Maryland Strong: Roadmap to Recovery, a three-stage plan for the state to restart its economy and begin lifting COVID-19 restrictions.

People in Maryland must wear face coverings at retail stores (i.e., grocery stores, pharmacies, liquor stores, and restaurants) and on all forms of public transportation under a new Executive Order signed by Governor Larry Hogan. The Order also establishes other physical distancing requirements for retail establishments.

Maryland Governor Larry Hogan has signed a new Executive Order (Order) that mandates all individuals living in Maryland to stay at home unless they work in “Essential Businesses,” are engaged in “Essential Activities,” or are engaged in other limited activity. The Order went into effect at 8:00 p.m. on March 30, 2020, and will remain effective until after the termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, or until rescinded, superseded, amended, or revised by additional orders.

An effort by several Baltimore City Councilmembers to mandate project labor agreements (PLAs) for certain large city contracts has triggered strong opposition from the city’s contracting community.

Maryland has taken far-reaching and proactive steps to minimize the impact of the 2019 novel coronavirus (COVID-19), including expanding unemployment insurance, prohibiting the termination of employees who have been isolated or quarantined, limiting gatherings of 10 people or more, and closing non-essential businesses.

Maryland has joined a growing number of jurisdictions by enacting a “ban-the-box” law prohibiting employers from asking job applicants about their criminal history on the initial job application. The new Maryland law, the Criminal Record Screening Practices Act, will take effect on February 29, 2020.

During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto, making it unlawful for any employer in the State of Maryland with 15 or more employees to inquire into an applicant’s criminal history before the employer conducts its first in-person interview. The law takes effect on February 29, 2020. Importantly, the law does not preempt the more restrictive ban-the-box ordinances enacted in Montgomery County, Prince George’s County, and Baltimore City.

In response to trends, heightened public awareness, and a string of large-scale data breaches, states continue to enhance their data breach notification laws. In 2017 Maryland amended its Personal Information Protection Act (PIPA) with expansion of the definition of personal information, modification of the definition of “breach of the security of the system”, establishing a 45-day timeframe for notification and expansion of the class of information subject to Maryland’s data destruction laws. Now, Maryland has again amended PIPA, with HB 1154 in effect from October 1, 2019, notably enhancing the requirements for a business once it becomes aware of a data security breach.